Agenda item

An application has been made to vary the premises licence for Bonita, 10 Custom House Quay, Weymouth, Dorset, DT4 8BG. The application has been out to public consultation. Representations have been received. A Licensing Sub-Committee must therefore consider the application and representations at a public hearing.

The Senior Licensing Officer presented the report and advised that the application sought to vary the premises licence by updating conditions, adding off-sales, amending alcohol sale hours and updating the premises plan. As the premises are located within the Cumulative Impact Zone, the applicant was required to demonstrate that the variation would not add to existing issues in the area. Environmental Protection had raised concerns regarding noise, resulting in the removal of late-night refreshment and recorded music from the application and the agreement of additional conditions. No objections were received from Child Safeguarding or Dorset and Wiltshire Fire and Rescue Service. 

 

The applicant and their agent advised that the application aimed to modernise the licence, correct historical inconsistencies and permit alcohol consumption within the authorised outside seating area. They stated that Bonita would remain a restaurant-led business and not operate as a bar. 

 

Ms Hession objected to the application, citing ongoing noise and cooking odours from the extraction system, which she said adversely affected her home, garden and guest house business. She expressed concern about later operating hours and requested that the variation be refused or, alternatively, restricted to a food-led operation with off-sales refused and extraction equipment switched off by 9.00 pm. 

 

Mr Shearing did not seek refusal of the application but considered that additional conditions were necessary to promote the licensing objectives, including controls on noise, waste collection and use of the outside area. Whilst supporting the decoupling of food and alcohol in a seated restaurant setting, he did not support off sales from 9 pm to midnight being granted. He felt that off sales needed to be aligned to the sitting out area licence conditions up to 11pm and be restricted to that area. 

 

Mr Beggs objected on the grounds that the variation could alter the character of the premises from a restaurant to a bar, leading to increased noise and public nuisance. He expressed concern about the impact on nearby residents, guest houses and visitors, and considered that the variation could set a precedent for similar changes elsewhere in the harbour area. 

 

Ms Downham expressed concern that the proposed variation could blur the distinction between a restaurant and a bar. She did not support the decoupling of food and alcohol sales and suggested conditions requiring customers to remain seated and clear closing times to help prevent nuisance and disorder. 

 

Mr Jones objected to the application, stating that the harbour area should retain its balance between residential properties, restaurants and tourism. He considered that the area was not suitable for independent drinking and supported conditions requiring seated drinking and restricted hours to protect residential amenity and the character of the harbour. 

 

All parties were given the opportunity to put forward their representations and sum up their case. 

 

Decision 

  

To VARY the Premises Licence to remove the current licence conditions at Annex 2, add conditions consistent with the Operating Schedule, add off sales, amend the hours during which alcohol can be sold, remove the opening hours restriction from 7am to 6pm, and update the premises plan. 

  

The Premises Licence as varied will therefore read as follows: 

  

Late Night Refreshment (indoors) 

Monday to Saturday                            23:00 to midnight 

Sunday                                                23:00 to 23:30 hours 

Christmas Day                                    23:00 to 23:30 hours 

Good Friday                                        23:00 to 23:30 hours 

  

Sale of Alcohol (on and off the premises) 

Monday to Sunday                              09:00-midnight 

New Year’s Eve                                  09:00-01:00 hours 

  

Recorded Music (indoors) 

Monday to Sunday                              09:00-23:00 hours 

  

Appendix 1. MANDATORY CONDITIONS  

  

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014. Mandatory Conditions as set out in the report.  

  

 ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY 

  

31. No amplified music or speech to be played externally 

  

32. No speakers to be placed such that they face the external area. 

  

33. Any external lighting to be positioned such that the face of the light is parallel with the ground. 

 

APPENDIX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE 

  

15. A digital CCTV system shall be installed, maintained and operational whenever the premises are open to the public. Cameras shall cover all public areas, entrances and exits. 

  

16. CCTV recordings shall be retained for a minimum of 28 days and made available to the Police or authorised officers upon request. 

  

17. At least one member of staff who is trained in the operation of the CCTV system shall be present whenever the premises are open. 

  

18. A refusals register shall be maintained recording all refused alcohol sales. The register shall be made available to Police or authorised officers on request. 

  

19. An incident register shall be maintained recording crimes, disorder, refusals of entry, ejections, complaints and visits by emergency services or Responsible Authorities. The register shall be made available to Police or authorised officers on request. 

  

20. Staff shall receive documented induction and refresher training appropriate to their role, including licensing responsibilities, emergency procedures and responsible alcohol retailing. 

  

21. Fire exits and escape routes shall remain unobstructed whenever the premises are open. 

  

22. Regular risk assessments shall be undertaken and reviewed where necessary. 

  

23. Notices shall be displayed requesting customers to respect local residents and leave the premises quietly. 

  

24. Staff shall monitor the immediate outside area during trading hours and take reasonable steps to minimise noise and disturbance. 

  

25. Glass and bottle disposal into external bins shall not take place between 22:00 & 08:00. 

  

26. The frontage of the premises shall be checked regularly and any litter associated with the business removed. 

  

27. The premises shall operate a Challenge 25 age verification policy. 

  

28. Acceptable identification shall be: Passport UK Photocard Driving Licence PASS accredited proof of age card. 

  

29. All staff involved in the sale of alcohol shall receive documented age verification training before being permitted to sell alcohol and refresher training at least every six months. 

  

30. Training records shall be retained and made available for inspection upon request. 

  

ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY 

  

31. No amplified music or speech to be played externally 

  

32. No speakers to be placed such that they face the external area. 

  

33. Any external lighting to be positioned such that the face of the light is parallel with the ground. 

 

ANNEX 4 - PLANS 

  

Refer to the plan submitted with the variation application dated 7 July 2026 which forms part of this licence and should be read in conjunction with it.